HARRIS v. SAN JOSE MERCURY NEWS

The opinion of the court was delivered by: CHARLES BREYER, District Judge

ORDER

Now pending before the Court are several motions arising from
disputes surrounding defendant's motion for summary judgment. The
Court has considered the extensive briefing and rules as follows:

1. Plaintiff's motion to stay the motion for summary judgment
as to claim two, the Digital Millennium Copyright Act claim, is
GRANTED. On May 27, 2005, in open court, the Court definitively
directed the parties to narrow discovery and defendant's summary
judgment motion to the four prongs of the fair use doctrine under
15 U.S.C. section 107. See Tr. 31:24-25; See also July 11
Order (Docket #75); July 6 Letter from James Chadwick (Docket
#67). Thus, at this time the Court will consider defendant's
motion for summary judgment as it pertains to that claim only.

2. Plaintiff's motion to strike defendant's reply and
defendant's motion for administrative relief are DENIED. To the
extent that defendant improperly introduced new arguments or evidence in its reply brief, plaintiff may file a
sur-reply brief addressing the new arguments and evidence of no
more than 10 pages on or before November 29, 2005.

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